BEFORE THE GRIEVANCE COMMISSION
OF THE SUPREME COURT OF IOWA
IN THE MATTER OF
SUSAN L. HENSE,
Attorney at Law
AFFIDAVIT CONSENTING TO
DISBARMENT, A.ND RFSPONSF
JAN 2 2013
1. Attached hereto as Exhibit A is the original of an affidavit coikea3BQSI a."di'sl3Wrri^4 t
which was sent to the Attorney Disciplinary Board by Susan Hense's attorney, Frank J. Nidey.
(See Exhibit B).
2. The Board understands that Ms. Hense misappropriated approximately $800,000 of
client funds. The affidavit states (paragraph 4) that Hense expects to be prosecuted for theft in
the first degree, which involves more than $10,000 and is a class "C" felony. Iowa Code §
714.2(1). Thus, the Attorney Disciplinary Board states, pursuant to Court Rule 35.16(2), that it
believes the misconduct admitted in the affidavit would probably result in revocation of Ms.
Hense's license to practice law. See Attorney Disciplinary Board v. Reilly, 708 N.W.2d 82 (Iowa
WHEREFORE, the Attorney Disciplinary Board requests an order disbarring Hense on
consent, as provided in Court Rule 35.16(3).
IOWA SUPREME COURT
ATTORNEY DISCIPLINARY BOARD
DAVID J. GRACE, AT0002960
Iowa Judicial Branch Building
1111 E. Court Avenue
Des Moines, Iowa 50319
CERTIFICATE OF SERVICE
I, Barbara E. Conkel, hereby certify on A_ day of January, 2013, 1 served this document
by mailing a copy thereof with sufficient postage affixed to: Frank J. Nidey, Attorney at Law,
425 2 nd Street SE, Suite 1000, Cedar Rapids, IA 52401.
Barbara E. Conkel
IOWA RULE 35.16 DISBARMENT ON CONSENT
AFFIDAVIT OF SUSAN L. HENSE
I, Susan L. Hense, being first duly sworn, do depose and state:
1. I am an Iowa lawyer, admitted to practice on September 9, 1996.
2. I submit this affidavit pursuant to Rule 35.16(1) for the purpose of
consenting to disbarment.
3. My consent to disbarment is freely and voluntarily given with great
remorse for the actions underlying it. In making this decision, I have not
experienced any duress or coercion. At this time, I know of no pending
investigation concerning my actions.
4. I consulted with my attorney before signing this affidavit. My consent to
disbarment is hereby given with the full and certain knowledge that I will
never practice law again and knowing that I will be charged with and
prosecuted for theft in the first degree.
5. I am unaware of any pending investigation or proceeding but I admit that
grounds exist for revocation of my license to practice law. The grounds
include that I misappropriated funds from my client trust account and
appropriated those funds to my own use. (Section 714.1(2) of the Code of
Iowa.) The funds I removed from my client trust account were not earned
by me, I was not entitled to them and I spent them.
6. If disciplinary proceedings were commenced against me, I could not and
would not defend against them. I deeply regret, beyond my ability to
describe, my theft of funds belonging to my clients. My conduct merits
7. Because Rule 35.16(l)(f) requests any matters in mitigation, I state that I
have a debilitating gambling addiction, that I have self-excluded myself
from the casinos I frequented (as well as all casinos in Iowa, Wisconsin
and Illinois), that I attend individual counseling at least weekly, and that I
will shortly begin attending one-day-at-a-time meetings. I have not
gambled since making initial contact with the SASC Addiction
Treatment program October 6, 2012, and will do everything in my power
to never gamble again. Although I am unaware of any additional actions
which my physician or counselors may recommend to assist my
recovery, I will make every effort to continue cooperating with any and
all recommendations to aid in my recovery.
8. Although I am unaware of any alternative or additional sanctions the
Iowa Supreme Court may take, I consent to them.
9. I will, this date, make a complete report to the Cedar Rapids Police
Department, the Linn County Attorney's Office, and the Client Security
Commission. I will fully cooperate to the best of my ability and take
responsibility with these and any other agencies to assist with the
mitigation of any damages my actions have caused my clients.
10. The facts I admit above are true.
125 Wilson Avenue SW
Cedar Rapids, Iowa 52404
Subscribed and sworn to before me on this
day of December 2012.
Nidey Erdahl Tindal & Fisher, PL%
Attorneys at Law
C 3 /
Frank J. Nidey* Clemens A. Erdahl Eric D. Tindal Mark D. Fisher*
John W. Pilkington Patricia J. Meier
Richard C. Wenzel (1945-2010)
Kenneth R. Martens (1946-2010)
Reply To: Cedar Rapids Office
Author's E-mail: FNiDEY(g),Eiow alaw.com
Author's Ext: 101
December 27, 2012
Attorney Discipline Board
1111 E. Court Avenue
Des Moines IA 50319
Thank you for speaking with me on the phone this morning.
Please find enclosed the original of Ms. Hense's Rule 35.16 Disbarment on Consent Affidavit.
Please do not hesitate to contact me should you need any additional information.
FraA J. Nidey
Attorney at Law
cc: Sue Hense
Cedar Rapids Office
425 2 nd Street SE
Cedar Rapids, Iowa 52401
600 Court Street
P.O. Box 656
Williamsburg, Iowa 52361
Phone: (319) 668-1323
Fax: (319) 668-1706
1017 Court Avenue
Marengo, Iowa 52301
Phone: (319) 642-3411
In Association with:
Tindal Law Office
305 West Main, Suite A,
Washington, Iowa 52353
Douglas L. Tindal
Sara E. Strain Under